Ministry of Justice

Judges: Ethnic Groups

Lord Patten: To ask Her Majesty's Government what assessment they have made, if any, of the number of lawyers from ethnic minorities who go on to become judges.

Lord Patten: To ask Her Majesty's Government how many lawyers from ethnic minorities were appointed as judges in each of the years since 2015.

Lord Wolfson of Tredegar: The most recent 2021 Judicial Diversity statistics indicate that while the proportion of Asian and mixed ethnicity individuals in the judiciary has increased since 2014, the proportion of Black judges has stayed the same. On 9 December 2021, the Judicial Appointments Commission (JAC) published an Ad Hoc Analysis of Candidate Progression Through Judicial Selection Tools, which reported that in legal exercises, success rates for Black, Asian and minority ethnic candidates were lower, even when other significant factors were held constant. The JAC is leading further investigation into the types of professional pools from which legally qualified candidates are drawn and how this may be playing a part in the observed disparities. The table below reports the number of applicants who declared they came from Black, Asian and minority ethnic backgrounds that the JAC recommended for judicial appointment in each financial year from 2015/16 onwards (data is not available by calendar year) and as a percentage of the overall recommendations. The figures are for legal judicial appointments and do not include any data on non-legal judicial appointments. Financial yearNumber of recommendations for judicial appointments (per financial year) that declared as coming from a Black, Asian and minority ethnic backgroundPercentage of all those recommended for judicial appointment who declared as coming from a Black, Asian and minority ethnic background2015 – 2016199%2016 – 201796%2017 – 2018449%2018 – 20198111%2019 – 202010112%2020 – 20214614% The total number of recommendations the JAC makes varies each year depending on which exercises are run.Actual appointments rather than recommendations for appointment have only been reported since 2020. There were 21 new Black, Asian and minority ethnic lawyers appointed as judges in 2019/20 and 42 in 2020/21. There can be a time lag between JAC recommending candidates and the appointment being made. These numbers do not include judges that have moved office or been promoted in year and do not include appointments of non-legal tribunal members.

Prisoners: Restraint Techniques

Lord Bradley: To ask Her Majesty's Government how many instances of the use of force byprison officers on prisoners were recorded in each of the last 10 years; and (1) how many, and (2) what proportion, of those instances were recorded by prisoner ethnicity.

Lord Wolfson of Tredegar: The requested data on use of force incidents is available for the year ending March 2012 to March 2021. This is detailed in the attached Excel spreadsheet. Ethnicity data is available from March 2019 to March 2021, and included, however data for March 2012 to March 2018 could only be obtained at disproportionate cost and is not included. There was a steady increase in the number of force incidents between 2011 and 2019, which was in part attributable to an increase in violent incidents in prisons, improved recording processes and inclusion of guiding holds as recordable Use of Force incidents. Every use of physical force is reviewed and prison officers receive appropriate training to ensure that it is only used when necessary, reasonable and proportionate, and as a last resort.Spreadsheet (xlsx, 17.6KB)

Sentencing

Lord Bradley: To ask Her Majesty's Government what was the minimum period served in custody on average, in each of the last five years, for individualssentenced to spend a minimum of 10 years in custody as part of (1) an extended determinate sentence, (2) an extended sentence of detention, and (3) a sentence for offenders of particular concern.

Lord Bradley: To ask Her Majesty's Government what was the minimum period to be served in custody on average, in each of the last five years, by individualssentenced to spend a minimum of 10 years in custody as part of (1) a mandatory life sentence, (2) an automatic life sentence, and (3) a discretionary life sentence.

Lord Wolfson of Tredegar: The Ministry of Justice holds data on the average period served in custody for offenders serving the following sentences - ‘Extended Sentence of Detention', 'Extended Determinate Sentence' or 'Sentence for Offenders of Particular Concern' - covering the period requested, and the data can be viewed in table 1 below: Table 1: Average (mean) time served in custody (days) for those from an 'Extended Sentence of Detention', 'Extended Determinate Sentence' or 'Sentence for Offenders of Particular Concern' with a minimum judicially imposed sentence of 10 years, 2016-2020; England & Wales:  20162017201820192020Extended Sentence of Detention2,5102,4992,7793,1063,436Extended Determinate Sentence1,4842,2812,2962,9273,170Sentence for Offenders of Particular Concern---3,8401,406Notes:1. No prisoners serving a Sentence for Offenders of Particular Concern (of 10 years or more) were released in 2016, 2017 or 2018.2. The figures in this table has been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing. The Ministry of Justice also holds data on the average period to be served in custody for life sentences, covering the period requested, and this can be viewed in table 2 below: Table 2: Average (mean) Minimum Tariff for Life sentences imposed with a minimum tariff of 10 years in 2016-2020: Life Sentence TypeAverage Minimum Tariff (years)Automatic17Discretionary15Mandatory (MLP)21Notes:1. Minimum tariff refers to time from date of sentence to tariff expiry date2. Figures exclude whole-life cases3.The figures in these tables have been drawn from administrative IT systems which, as with any large-scale recording system, are subject to possible errors with data entry and processing

Prisoners: Ethnic Groups

Lord Bradley: To ask Her Majesty's Government how many people currently in prison self-describe their ethnicity as (1) black, (2) mixed race, (3) Asian, (4) white, and (5) Gypsy, Roma and Traveller, and are aged (a) 15–17, (b) 18–20, (c) 21–24, (d), 25–29, (e) 30–39, (f) 40–49, (g) 50–59, (h) 60–69, and (i) 70 and over.

Lord Wolfson of Tredegar: The attached table shows the numbers of prisoners aged (a) 15–17, (b) 18–20, (c) 21–24, (d), 25–29, (e) 30–39, (f) 40–49, (g) 50–59, (h) 60–69, and (i) 70 and over, broken down by ethnicity as (1) black, (2) mixed race, (3) Asian, and (4) white as of 30 June 2020. There are no current plans to alter the ethnic groups for the regular quarterly published data on the prison population. The broad categories included in the information released are in line with current guidance from the Race Disparity Unit of the Cabinet Office. Numbers self-designating as ‘Irish Traveller or Gypsy’ are published as part of a more detailed data set which is released annually as part of the series Offender Management Statistics Quarterly. The most recent release of this data formed part of the January to March 2021 issue, published in July 2021. Figures were included in Table A1.9ii of the Annual Prison Population: 2021 document. This showed that as of 30 June 2021, 1,365 prisoners self-designated as Irish Traveller or Gypsy. Of these, 1,337 were male and 28 were female.Table (xlsx, 20.7KB)

Human Rights: Freedom of Expression

Lord Black of Brentwood: To ask Her Majesty's Government whether they will review the (1) operation, and (2) effectiveness, of section 12 of the Human Rights Act 1998 relating to freedom of expression.

Lord Wolfson of Tredegar: On 14 December the Government published a consultation on its proposals to revise and replace the Human Rights Act 1998 with a Bill of Rights. This includes proposals to strengthen the right to freedom of expression, reflecting the UK’s history, traditions and values. Responses and views are sought on how Section 12 of the Human Rights Act could be amended. The Government is consulting on how we can ensure that the right to freedom of expression of the press and other publishers is properly balanced with other rights when the court is assessing applications for injunctions against publication by making clear that the right to freedom of expression is of the utmost importance and that the courts should only grant relief impinging on it where there are exceptional reasons; The Government is also looking at what further steps could be taken to provide greater protection for journalists’ sources.  The consultation process will close on 8 March 2022. We will assess the responses and evidence provided to inform detailed development of future policy and legislation.

Prison Sentences

Lord Bradley: To ask Her Majesty's Government how many people currently in prison are serving a custodial sentence of (1) less than or equal to six months, (2) greater than six months and less than 12 months, (3) 12 months to less than four years, (4) four years to less than 10 years, (5) 10 years or more, excluding indeterminate sentences, (6) life sentences, (7) IPP sentences, and (8) extended determinate sentences; and what is the ethnicity breakdown in each category.

Lord Wolfson of Tredegar: The Ministry of Justice holds the data on the number of people currently in prison broken down by the sentence categories required and the ethnicity breakdown in each of those categories. These data can be viewed in the attached table.Table (xlsx, 17.4KB)

Department for Business, Energy and Industrial Strategy

Manufacturing Industries: Coronavirus

Lord Taylor of Warwick: To ask Her Majesty's Government what plans they have to introduce a Build Back Better fund to help the manufacturing sector recover after COVID-19.

Lord Callanan: The Government is, and will continue to be, a champion of the needs of business and industry, including the UK manufacturing sector. This is why the principles of our Plan for Growth, and its supporting strategies will put the UK at the forefront of opportunities, give businesses the confidence to invest, boost productivity across the UK, enable our green industrial revolution, and support our vision for Global Britain. As part of the Spending Review, my Rt hon Friend Mr Chancellor of the Exchequer announced the Made Smarter Adoption programme award of £24 million for the period covering 2022-25 to help manufacturing SMEs increase productivity, competitiveness and drive-up efficiency by adopting industrial digital technology. This funding is in addition to the £8 million committed to the programme for the period covering 2021-22 and builds on the success of the £20 million North West pilot.

Foreign, Commonwealth and Development Office

Africa: Travel Restrictions

Lord Oates: To ask Her Majesty's Government what support they have offered to the governments of (1) South Africa, and (2) other African countries, in view of the economic impact of being placed on the UK's COVID-19 travel red list.

Lord Goldsmith of Richmond Park: Through our bilateral programmes, and the UK's important role working through the International Financial Institutions, we are helping governments and businesses in both South Africa and across the continent to access affordable financing and advice; and establish safety nets to support the most vulnerable. In April 2021, the UK, with other G20 countries, extended its suspension of debt service repayments for the poorest countries to the end of 2021. The travel red list was a short term measure in direct response to the latest scientific and medical data showing an increased risk to UK public health. The measures ended at 4am on Wednesday 15th December.

Africa: Travel Restrictions

Lord Oates: To ask Her Majesty's Government what assessment they have made of the impact on the economies of African countries as a result of being placed on the UK's COVID-19 travel red list.

Lord Goldsmith of Richmond Park: The travel red list was a short term measure which ended at 4am on Wednesday 15th December. Through our bilateral programmes, and the UK's important role working through the International Financial Institutions, we are helping governments and businesses in southern Africa access affordable financing and advice; and establish safety nets to support the most vulnerable.

Colombia: Indigenous Peoples

Baroness Coussins: To ask Her Majesty's Government what assessment they have made of the burning of sacred places belonging indigenous tribes in Columbia’s Sierra Nevada de Santa Marta.

Lord Goldsmith of Richmond Park: The British Government remains concerned about threats against human rights defenders, social leaders and indigenous communities in Colombia. UK ministers and senior officials regularly raise human rights issues, as well as specific cases of concern, with the Colombian Government, and in multilateral fora. Most recently, as the UK's Minister for Europe and Americas, Wendy Morton MP spoke to Vice President Ramírez regarding the human rights situation on a visit to Colombia from 22-24 November.We also consistently raise our concerns regarding violence against indigenous communities at the UN Security Council, as we did at meetings in July, and on 14 October. We urge the Colombian Government to further integrate its presence in conflict-affected areas, and strengthen the institutions that can investigate and prosecute the criminal actors responsible. We have called on all institutions to heed the early warnings of the Ombudsman's Office to help prevent attacks from happening and protect those at risk.Through our Conflict, Stability, and Security Fund (CSSF) programme, which has provided £68 million in support of peace agreement implementation, security, and stability in Colombia since 2015, we will continue to prioritise funding interventions to protect human rights defenders, social leaders and indigenous communities.

Department of Health and Social Care

Incontinence: Health Services

Baroness Masham of Ilton: To ask Her Majesty's Government what plans they have to produce a revised version of theExcellence in Continence Care Guidelines, published on 23 July 2018; and what stakeholders they have consulted on this.

Lord Kamall: NHS England currently has no plans to produce a revised version of Excellence in Continence Care.

Health Services: Disadvantaged

Baroness Lister of Burtersett: To ask Her Majesty's Government what assessment they have made of the need to incorporate Inclusion Health populations within NHS England strategies.

Lord Kamall: NHS England’s vision for health inequalities is to ensure exceptional quality healthcare for all, through equitable access, excellent experience and optimal outcomes. NHS England’s Health Inequalities Quality Improvement Programme is committed to deliver this vision by:- Ensuring inclusion health is embedded across all core programmes and system policies to enable the restoration of NHS services inclusively;- Mitigating against ‘digital exclusion’;- Improving the ability to identify need and monitor/measure health outcomes by ensuring datasets are complete and timely;- Accelerating preventative programmes; and- Strengthening leadership and accountability across integrated care systems and national, regional and place-based systems.NHS England and NHS Improvement’s Core20PLUS5 is a national approach to support the reduction of health inequalities at both national and system level, including for inclusion health populations. In support of Core20PLUS5, integrated care systems will be required to develop inclusion health plans. These will highlight key national, regional and local priorities.

Doctors: Retirement

Lord Watts: To ask Her Majesty's Government, further to the reply byLord Kamall on 16 November (HL Deb, cols. 158-160), what assessment they have made of the number of NHS doctors who are likely to retire between 2021 and 2024.

Lord Kamall: An assessment of future expected retirement rates for National Health Service doctors is complex. Retirement is a personal choice and an individual may choose to retire for a range of reasons. While it is not possible to isolate a single factor which motivates retirement, we continue to monitor retirement patterns of doctors in the NHS.

Coronavirus: Vaccination

The Earl of Leicester: To ask Her Majesty's Government whatsteps they will take to recognise full COVID-19 vaccination status for British citizens who have had one COVID-19 vaccination administered in England and the other vaccination administered abroad.

Lord Kamall: A service has been in place since 11 October for individuals residing in England who received one or more Pfizer, AstraZeneca, Moderna and Janssen vaccines in the United States of America, the European Union, Iceland, Norway, Liechtenstein, Switzerland, Australia or Canada to record their vaccination in the National Immunisation Management Service (NIMS). If they have received one vaccination overseas of a two-dose course, they will be offered a second dose of a Medicines and Healthcare products Regulatory Agency-approved equivalent vaccine. Once an individual has a NIMS record, they can access a NHS COVID Pass.The service currently has seven sites capable of reviewing vaccination evidence, with 13 additional sites pending. Further expansion of the service is planned in due course.

Doctors

Lord Watts: To ask Her Majesty's Government, further to the reply byLord Kamallon 16 November (HL Deb, cols. 158–160), how many doctors were employed by the NHS in (1) 2019, and (2) 2021.

Lord Kamall: In August 2019, there were 115,469 full time equivalent (FTE) Hospital and Community Health Service (HCHS) doctors working in National Health Service trusts and clinical commissioning groups in England and 126,625 in August 2021. There were 34,433 FTE doctors in general practice in England as at 30 September 2019 and 36,275 in September 2021.

NHS: Coronavirus

Lord Blencathra: To ask Her Majesty's Government what plans they have to bring forward proposals to dismiss all NHS staff who refuse to be vaccinated against COVID-19 to 1 January 2022.

Lord Kamall: In light of the concerns raised by stakeholders about the potential impacts of these measures on workforce pressures and the pressures on services, particularly over winter, the Government has made the decision to include a grace period of 12 weeks in regulations. This grace period will mean an enforcement date of 1 April 2022, crucially avoiding the winter period and helping to minimise workforce pressures.

Coronavirus: Protective Clothing

Lord Alton of Liverpool: To ask Her Majesty's Government whether face masks produced for the NHS by (1) PestFix, and (2) Ayanda Capital, are compliant with Health and Safety Executive safety standards; whether surgical gowns manufactured by (a) PestFix, and (b) PPEMedpro, meet the Medicines and Healthcare Regulatory Authority standards; how much these products cost; what procedures were used for their purchase; and what happened to these products after delivery.

Lord Kamall: Pestfix, Ayanda Capital and PPEMedpro are suppliers and not producers or manufacturers.The Medicines and Healthcare products Regulatory Agency assessed the Type IIR masks supplied by Pestfix and Ayanda and approved the products for release. So far, around 43 million of these masks have been distributed.Pestfix and Ayanda supplied FFP2 masks with ear loops. This was compliant with the regulatory standard and specifications at the time of contract. It was subsequently determined that ear loops, as opposed to head loops, were not acceptable for use in the National Health Service (NHS). As a result, when the Health and Safety Executive assessed the FFP2 masks supplied by Pestfix and Ayanda, they failed for use in the NHS because they have ear loops rather than head loops. We are looking at making these masks available for overseas markets.Pestfix and PPEMedpro provided surgical gowns. In both cases these were not approved and no stock was distributed. Whilst the supplies come from different manufacturers all items are “single wrapped sterile surgical gowns”, which cannot be used within the United Kingdom operating theatres, due to sterility concerns around the single wrap. These products could potentially be made available for sale to overseas markets.Any decisions on individual contracts are regarded as commercially sensitive information, therefore the department is unable to release information in relation to costs and procedures.

Incontinence: Health Services

Baroness Masham of Ilton: To ask Her Majesty's Government what training on Overactive Bladder care is provided to General Practitioners to help patient (1) diagnosis, and (2) referral to secondary care settings.

Lord Kamall: Each medical school in England sets its own undergraduate curriculum which must meet the standards set by the General Medical Council (GMC). The GMC would expect that, in fulfilling these standards, newly qualified doctors are able to identify, treat and manage any care needs a person has, including bladder conditions. General practitioners (GPs) use their clinical judgement, aligned with clinical evidence, to assess when it is appropriate to seek specialist expertise and refer the patient. GPs will first try resolve the issue in primary care and then refer to clinics for specialist assessment in secondary care.The training curricula for postgraduate trainee doctors is set by the relevant Royal College and must also meet the standards set by the General Medical Council. The Royal College of General Practitioners’ curriculum is designed to integrate with the GMC’s generic professional capabilities framework, including clinical management and referrals to other care settings. Overactive bladder syndrome is listed in the clinical topic guides that supplement the curriculum.

Coronavirus: Protective Clothing

Lord Alton of Liverpool: To ask Her Majesty's Government (1) whether they will place in the Library of the House a copy of the report concerning 47 PPE contracts awarded through a fast-track process; (2) whether this report has been seen by the Health and Safety Executive; (3) if not, why not; and (4) what steps they are taking to prevent contracts being awarded through such a process again.

Lord Kamall: No such report has been produced.The Government is transforming public procurement following the publication of a Green paper last year. New measures will set out clear arrangements for how procurement should be conducted, including in situations where extreme urgency is a factor.

West Africa: Health Services

Lord Boateng: To ask Her Majesty's Government what Official Development Assistance has been given to (1) Nigeria, and (2) Ghana, to support the training and employment of clinical staff in the healthcare systems of each of these countries; and what plans they have to provide further assistance to these countries.

Lord Kamall: In 2021/22, the Government has allocated £3.6 million to health workforce development programmes in Ghana. This includes programmes focussed on improving workforce planning and governance, training new healthcare workers in refugee camps and developing training curricula. Through the Foreign Commonwealth and Development Office, we have previously invested in health programmes in Nigeria and Ghana, such as the WomenForHealth Programme in Nigeria and mental health nurse training in Ghana. No decisions on specific programmes and geographical areas in the future have yet been made.

Prostate Cancer: Tomography

Lord Mendelsohn: To ask Her Majesty's Government how many multi-parametric magnetic resonance imaging scans have been carried out to investigate cases of suspected prostate cancer in England in each year since 2016.

Lord Kamall: The information is not held in the format requested. The following table shows data on the number of multi-parametric magnetic resonance imaging scans of the prostate in 2016 to 2020. However, this data includes all such scans and not specifically for suspected cancer. 2016 2017 2018 2019 2020355 2,035 5,215 7,395 10,780

Health Professions: Migrant Workers

Lord Boateng: To ask Her Majesty's Government what assessment they have made of the impact of recruitment by the NHS of clinical staff trained and employed in low- and middle-income countries on the healthcare systems of those countries.

Lord Boateng: To ask Her Majesty's Government how many memoranda of understanding they have agreed with other countries to regulate the recruitment of clinical staff by the NHS; and what assessment they have made of the related impact of each.

Lord Boateng: To ask Her Majesty's Government what plans they have to agree memoranda of understanding with countries affected by the recruitment of clinical staff by the NHS to regulate that practice and avoid unforeseen consequences for the healthcare systems of those countries.

Lord Kamall: We have made no specific assessment of the impact of recruitment by the NHS of clinical staff trained and employed in low- and middle-income countries on the healthcare systems of those countries. The Government routinely monitors international recruitment activity and where there are significant workforce flows into the National Health Service, particularly from low and middle-income countries, we are engaging with those nations on how this recruitment could be managed through Government to Government agreements. International recruitment is regulated through the Code of Practice for the International Recruitment of Health and Social Care Personnel, which is available in an online only format. The Code prevents active international recruitment from a list of 47 countries, unless there is a Government to Government agreement in place to manage international recruitment. These countries have been identified by the World Health Organization as having health economies with significant and unsustainable workforce challenges.We have signed agreements with the Governments of the Philippines, Kenya and Malaysia to manage healthcare worker recruitment. As these are new agreements within the last six months, no assessment has yet been made of the impact. Any further agreements will be published online once they have been signed.

Medical Equipment: Procurement

Lord Alton of Liverpool: To ask Her Majesty's Government whether they have any plans to (1) repeal section 32 of the Public Contracts Regulations 2015 relating to procurement of medical supplies during emergencies such as pandemics, and (2) amend the Health and Care Bill to make provision for new public procurement policies during times of emergency or pandemics based on transparency, accountability and value for public money.

Lord Kamall: The Government is transforming the regulatory framework for public procurement following the publication of a Green Paper last year. This work is being led by the Cabinet Office. Following a consultation exercise and as set out in the Government response to the consultation exercise published in December 2021, the Government proposes to retain provision allowing limited tendering in situations of extreme urgency brought about by unforeseeable events (Regulation 32(2)(c) in the Public Contracts Regulations). However, the COVID-19 pandemic exposed some uncertainty in applying Regulation 32 where the situation is prolonged or evolving and new measures will set out clear arrangements for how procurement should be conducted, including in situations where extreme urgency is a factor. The Health and Care Bill does not include provisions for new public procurement policies during times of emergency or pandemics as this is a matter for the Cabinet Office’s regulatory framework for public procurement.

Department for Environment, Food and Rural Affairs

Timber: Drax Power Station

Baroness Boycott: To ask Her Majesty's Government, further to the remarks byLord Goldsmith of Richmond Park to the Environment, Food and Rural Affairs Committee of the House of Commons on 23 November (Q324), when they will issue a response on the source of pellets used by Drax; and whether they will publish the evidence used in their analysis.

Lord Goldsmith of Richmond Park: I refer the noble Lady to my response to the Environment, Food and Rural Affairs Committee of the House of Commons, which was published on 15 December and is available at: https://committees.parliament.uk/writtenevidence/41426/default/. A copy is also attached to this answer.Letter to EFRA Committee (pdf, 173.6KB)

Dragonflies: Conservation

The Marquess of Lothian: To ask Her Majesty's Government, further to the finding in the International Union for the Conservation of Nature’s Red List of Threatened Species that 16 per cent of (1) dragonflies, and (2) damselflies, are under threat of extinction, what steps they are taking to (a) conserve, and (b) protect, rare and threatened dragonflies in England.

Lord Goldsmith of Richmond Park: The Government is concerned by the recent findings of the International Union for the Conservation of Nature’s Red List of Threatened Species, that 16 percent of dragonflies and damselflies are under threat of extinction globally. In England, 12 percent of the dragonflies and damselflies that breed here are threatened. As set out in the 25 Year Environment Plan, the Government is committed to taking action to recover our threatened native species. Natural England is taking action to conserve threatened dragonflies and damselflies through its Species Recovery Programme. For example, southern damselfly populations are being monitored and habitat condition improved. Under the ‘Back from the Brink’ partnership, habitat has been restored in Dorset, resulting in increased populations of southern damselfly at 3 out of 4 of sites. In England we have an extensive network of protected wildlife areas providing benefits for many species, including sites specifically designated for species of particular importance. A total of 93 SSSIs in England are notified for important dragonfly or damselfly populations, including threatened species such as Brilliant Emerald and Norfolk Hawker. The 25 Year Environment Plan commits us to restoring 75% of our one million hectares of terrestrial and freshwater protected sites to favourable condition by 2042.